GURCHARAN SINGH Vs. MUKHTIAR SINGH

JUDGEMENT

(1.) THIS is second appeal by defendant Gurcharan Singh, having failed in both the courts below. Respondent-plaintiff filed suit against defendant-appellant for recovery of Rs.1,47,900/-, which included Rs.1,20,000/- as principal amount and Rs.27,900/- as interest till filing of the suit at the modest rate of 121/2% per annum. The suit stands decreed for recovery of Rs.1,47,900/- (suit amount) with pendente lite and future interest @ 6% per annum from the date of filing of suit till recovery.

(2.) I have heard learned counsel for the parties and perused the case file. Vide detailed order dated 03.05.2011, it has been held that no ground is made out for interference in concurrent finding of fact arrived at by the courts below determining the liability of defendant-appellant on the basis of pronote and receipt. However, counsel for the appellant prayed for adjournment on that date to seek instructions if the appellant was ready to pay the amount in lump-sum, if some interest amount could be waived. The matter was kept alive for exploring possibility of amicable settlement between the parties regarding reduction of amount of interest. However, since then, the appellant has not offered to pay the decretal amount with some reduced interest amount.